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NILAND v. HALL

No. 01-1739.

280 F.3d 6 (2002)

Neil NILAND, Petitioner, Appellant, v. Timothy HALL, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided February 8, 2002.

Attorney(s) appearing for the Case

Robert Sheketoff, with whom Sheketoff & Homan was on brief, for appellant.

Cathryn Neaves, Assistant Attorney General, Commonwealth of Massachusetts, with whom Thomas F. Reilly, Massachusetts Attorney General, was on brief, for appellee.

Before BOUDIN, Chief Judge, LIPEZ, Circuit Judge, and ROSENN, Senior Circuit Judge,

ROSENN, Senior Circuit Judge.

In 1994, the appellant, Neil Niland, shot and killed his girlfriend, Melissa Herlihy, while she was asleep in bed in their apartment. Niland claimed he killed her accidentally while cleaning his rifle. The Commonwealth of Massachusetts had thought otherwise and a Middlesex County grand jury indicted him for first degree murder and unlawful possession of a rifle. Niland was tried to a jury which found him guilty of second degree murder...

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